On 20 March 2020, the Intellectual Property Office of the Philippines (IPOPHL) issued Memorandum Circular No. 2020-007 which supplements the guidelines under Memorandum Circular No. 2020-006 in response to the implementation of enhanced community quarantine.

What the Circular says

Applicants for registration of patents, utility models, industrial designs and trademarks with priority filing dates falling due within 16 March 2020 to 14 April 2020 must use the IPOPHL electronic/online filing system to comply with the prescribed period for claiming of priority date under the Intellectual Property Code and its implementing rules.1

All new applications, whether claiming priority date or not, filed through the electronic/online system from 16 March 2020 to 14 April 2020 shall be processed upon resumption of work.

Actions to Consider

Since manual filings are suspended, clients submitting applications claiming priority dates within the enhanced community quarantine period are advised to submit all requirements through the IPOPHL electronic/ online filing system in order to comply with the prescribed deadlines and to avoid waiving the priority claims.

1 The prescriptive periods for claiming priority dates are as follows:
a. For patents and utility models - twelve (12) months from the date the earliest foreign application was filed (Sec. 31 & 108.1, IP Code);
b. For industrial designs and trademarks - six (6) months from the earliest filing date of the corresponding foreign application (Sec. 119.1, IP Code; Rule 203, Rules and Regulations on Trademarks, Service Marks, Tradenames and Marked or Stamped Containers).

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